A Third Surveyor is a crucial impartial professional appointed under the Party Wall etc. Act 1996, specifically to resolve disputes that arise between the party wall surveyors appointed by the building owner and the adjoining owner. In short, this means that if the building owner appoints a party wall surveyor, and the adjoining owner appoints a party wall surveyor, by default of this procedure, a third surveyor will be selected to determine any matters in dispute that arise in accordance with Section 10 of the Party Wall etc. Act 1996.
The Role and Function of a Third Surveyor
The primary function of a third surveyor is to act as an independent arbiter when the two appointed party wall surveyors cannot agree on a particular aspect of the party wall award or any other matter relating to the works. This mechanism is designed to prevent impasses and ensure that projects can proceed fairly and lawfully, protecting the interests of both the building owner undertaking the works and the adjoining owner whose property might be affected.
When is a Third Surveyor Appointed?
A third surveyor steps in when:
- The party wall surveyors appointed by the building owner and the adjoining owner cannot agree on the terms of a Party Wall Award.
- There's a disagreement regarding damage caused by the works.
- Disputes arise over access arrangements, protective measures, or other aspects stipulated by the Act.
- Any other matter arises where the two appointed surveyors reach an impasse.
The Legal Basis: Section 10 of the Act
The requirement and procedure for appointing a third surveyor are explicitly outlined in Section 10 of the Party Wall etc. Act 1996. This section provides the legal framework for resolving disputes efficiently, ensuring that even complex disagreements can be addressed without resorting to lengthy legal battles in court, which can be costly and time-consuming for all parties involved.
The Appointment Process
The process for selecting a third surveyor is typically as follows:
- Joint Nomination: Ideally, the two appointed party wall surveyors will jointly agree upon and select a third surveyor. This chosen professional should be an impartial expert in party wall matters.
- Default Procedure: If the two surveyors cannot agree on a third surveyor within a specified timeframe (usually 10 days), either surveyor can apply to the local authority (e.g., the appointing officer) to nominate a third surveyor.
- Formal Selection: Once selected, the third surveyor officially accepts the appointment and is then empowered to hear the disputed matters.
Authority and Impact
The decision of a third surveyor is legally binding on both the building owner and the adjoining owner. This decision is delivered in the form of an Award and outlines the resolution to the specific dispute they were asked to determine. While the award is binding, there is a right of appeal to the County Court within 14 days of its service, but this is rare and typically only happens if there's a significant error of law or fact.
Key Responsibilities
A third surveyor's responsibilities include:
- Reviewing Evidence: Carefully examining all relevant documents, plans, survey reports, and any other evidence presented by the two party wall surveyors.
- Hearing Submissions: Listening to the arguments and positions of both appointed surveyors.
- Inspecting Sites: If necessary, conducting site visits to thoroughly understand the issues in dispute.
- Issuing a Decision: Providing a clear, reasoned, and legally sound decision in the form of an addendum to the Party Wall Award or a standalone Third Surveyor's Award.
- Fairness and Impartiality: Always acting with complete neutrality, solely focusing on applying the principles of the Party Wall Act to resolve the dispute fairly.
Understanding Party Wall Surveyors
To clarify the role of a third surveyor, it's helpful to understand the context of the other surveyors involved:
| Surveyor Type | Appointed By | Primary Role & Purpose |
|---|---|---|
| Building Owner's Surveyor | Building Owner | Acts on behalf of the building owner to ensure their proposed works comply with the Act and are executed efficiently. |
| Adjoining Owner's Surveyor | Adjoining Owner | Acts on behalf of the adjoining owner to protect their property from potential damage and ensure their rights are upheld. |
| Third Surveyor | By Default / Jointly | Resolves specific disputes between the Building Owner's and Adjoining Owner's Surveyors when they cannot reach an agreement. |
In essence, the third surveyor serves as the critical safety net in the party wall process, ensuring that even the most contentious issues can be resolved without unnecessary delay or litigation, allowing building projects to proceed while fully respecting property rights.
